United States v. Anthony Scott, Jr. ( 2020 )

Case: 19-20788 Document: 00515530015 Page: 1 Date Filed: 08/17/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
August 17, 2020
No. 19-20788
Conference Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Anthony Carl Scott, Jr.,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:11-CR-867-1
Before Smith, Stewart, and Higginson, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Anthony Carl Scott, Jr., has
moved for leave to withdraw and has filed a brief in accordance with Anders
v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229
(5th Cir. 2011). Scott has filed a response in which he alleges that his attorney
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should
not be published and is not precedent except under the limited circumstances set forth in
5TH CIR. R. 47.5.4.
Case: 19-20788 Document: 00515530015 Page: 2 Date Filed: 08/17/2020
No. 19-20788
had a conflict of interest and otherwise provided ineffective assistance of
counsel. The record is not sufficiently developed to allow us to make a fair
evaluation of Scott’s claims of ineffective assistance of counsel. We therefore
decline to consider the claims, without prejudice to collateral review. See
United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).
Our independent review of counsel’s brief, the relevant portions of
the record, and Scott’s response, discloses a nonfrivolous issue for appeal
regarding the adequacy of the district court’s explanation of Scott’s
sentence. See United States v. Mondragon-Santiago, 564 F.3d 357, 364 (5th
Cir. 2009); United States v. Whitelaw, 580 F.3d 256, 262 (5th Cir. 2009).
Accordingly, counsel’s motion for leave to withdraw is DENIED.
Counsel is ORDERED to file a brief on the merits addressing the issue
identified above and any other nonfrivolous issue that counsel deems
appropriate for appeal. The clerk is DIRECTED to establish a briefing
schedule.
2